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Isolating Terrorism, Not
America
November 5, 2001
How Changes to Our Immigration System Can Make Us
Safer; Senate and House Legislation Moves in the Right
Direction
Washington, D.C. The National Immigration Forum supports
congressional efforts to deter terrorism through effective
immigration policy changes. Last week bipartisan legislation, the
"Enhanced Border Security Act," was introduced by Sens. Kennedy
(D-MA) and Brownback (R-KS) in the Senate and Reps. Conyers (D-MI)
and Cannon (R-UT) in the House of Representatives. National
Immigration Forum Deputy Director Angela Kelley observed, "The
legislation takes careful aim at improving our national security
through changes to our immigration system without pulling up the
drawbridge and isolating America."
The Forum has developed a number of recommendations for effective
reform while maintaining America's proud tradition as a nation of
immigrants. Many of the recommendations below are included in the
proposed legislation.
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Intelligence is Key – All federal law enforcement
agencies collect the names of person who should not be admitted to
the U.S. or who should be pulled aside for additional questioning.
For this information to be as effective as possible, intelligence
agencies and law enforcement agencies must share the latest
intelligence among themselves, consolidate their lists, and update
the information as soon as possible after it is obtained.
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Make Travel Documents More Secure – The U.S. should
issue visas and other travel documents using technological
advancements to make documents tamper-proof, to ensure identities
are verified accurately. Machine readable visas with digitized
photos of the visa holder and machine readable passports issued by
foreign governments would enable us to determine whether the
person the passport was issued to, the person who obtained a visa,
and the person entering the U.S. are the same individual.
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Consular Offices: The First Line of Defense – Those
seeking legal entry to the U.S. must obtain a visa at a consulate
office. Currently, the personnel charged with examining visa
applicants tend to be junior staff. They often operate with
outdated information, and focus their screening efforts on weeding
out those who might overstay the time period on their visas. In
light of the September 11th attacks there are several changes that
should take place in the screening process so that there is less
emphasis on weeding out intending immigrants and more emphasis on
spotting potential terrorists. The adjudication of visas might be
better accomplished through a dedicated consular corps (similar to
the expertise of the INS asylum officer corps) specializing in
evaluating visa applications. Also, the expectations of visa
applicants will have to change as we must require a more thorough
background check and consequentially will not be able to issue
visas on the spot.
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Immigration Checks Abroad: Added Layers of Security – In
some high-volume airports abroad, U.S. immigration checks are
performed at the point of departure. That is, a passport is
inspected and the name is run against the lookout list
before the individual boards a plane to the U.S. A system
for screening for inadmissible persons at the point of departure
allows more time for inspection-and increases the likelihood of a
more thorough check-than is possible when a plane-load of
passengers gets off the plane in the U.S. An expansion of these
pre-inspection sites to other high-volume airports should be
considered.
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A North American System – The United States must employ
multilateral strategies in all aspects of combating terrorism, not
the least of which is partnering with Canada and Mexico in
creating a North American perimeter that will bolster security
through law enforcement coordination, intelligence sharing, and
better joint use of enforcement resources. Closer cooperation with
our North American neighbors might include a better understanding
of our mutual security concerns, so that those issues are taken
into account in the issuance of visas and in the asylum process.
Such coordination and cooperation would reduce the chance that
someone wishing to harm the U.S. would travel to one of our
neighboring countries and then cross by land to the U.S.
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Sharing Passenger Lists – Airlines know in advance who
will be flying to and from the U.S. through their reservation
system. As travelers prepare to board a plane, they must identify
themselves to the airline. Requiring airlines to submit this
information would give U.S. authorities an opportunity to compare
the passenger list to their lookout lists. In this way, those who
should not be permitted to enter the U.S., or those who are wanted
for criminal activity can be prevented from entering, or
apprehended while attempting to enter or leave
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Exit/Entry Systems – Every individual who comes into a
U.S. airport must be inspected by immigration officers, where the
entry is recorded. Airlines collect a boarding pass from the
person as he or she departs the U.S. Some airlines, but not all,
have automated the collection of information from the boarding
pass and forward the information to the U.S. government. When the
government receives information on persons leaving the U.S., it
can compare the information with those who have entered, and
determine whether a person is leaving within the time allowed by
his or her visa. Implementation of this system has been left to
the voluntary compliance of airlines. The funding and
implementation of such a system to collect information on
departing passengers for all of our airports and for all airlines
should be provided by the federal government. Expansion of such a
system to land border points of entry is more problematic as it
could threaten the extensive cross border commerce the U.S.
economy heavily relies upon.
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Monitoring Foreign Students and Trainees – Over the last
several years, the INS has been working with colleges and
universities to develop a timely system to collect information
electronically on the status of foreign students. The system
tracks information used to determine whether or not students are
abiding by the terms of their visas. Currently, the system is only
beginning to be implemented, as an operational prototype with 21
educational institutions. Funding should be provided by Congress
to get the system, called the Student and Exchange Visitor
Information System, up and running in all schools authorized to
enroll foreign students.
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Monitoring Foreign Workers – Just as schools are
required to report on the status of their foreign students,
companies who employ foreign workers on temporary visas could be
required to report on the status of those workers. Information
provided by companies that hire these individuals would be useful
in determining whether these workers are complying with the terms
of their visas. As with the student monitoring system, the
benefits of such a system must be weighed against the cost of
implementation and address concerns about potential violations of
privacy and civil liberties.
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Monitoring Schools with Foreign Students – Currently,
there are approximately 74,000 schools authorized by the INS to
enroll foreign students. Once a school obtains permission from the
INS to enroll foreign students, there is little monitoring of that
school. The government might consider more closely monitoring
schools, to ensure they are complying with the obligations they
must meet to enroll foreign students.
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Stricter Laws Governing Document Fraud – Currently,
counterfeit identification documents can be easily bought from
companies that manufacture them and advertise their sale. We may
need to examine our laws regarding the selling of fraudulent
documents, to close loopholes and increase punishment.
For a more detailed set of recommendations please visit http://www.immigrationforum.org/currentissues/articles/120101_sept11.htm
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